Law:

Section:

Penal Code (XLV of 1860)--Ss. 302/34 & 449---Constitution of Pakistan (1973), Art.185(3)--­Acquittal of accused---High Court, after having critically discussed the prosecution witness, had not believed the same to convict the accused---Judgment of acquittal recorded by High Court was well-reasoned which could not be termed to be shocking, perverse or unreasonable and the same needed no interference by Supreme Court---Leave to appeal was declined to the complainant accordingly. Ghulam Sikandar v. Mumraz Khan PLD 1985 SC 11 ref. ORDER RAJA AFRASIAB KHAN, J.---On 8-10-1990 at 6-45 a.m., a case under section 302/34, P.P.C. was registered with Police Station Chak Jhumra, District Faisalabad on the statement of Niaz Ahmad against Manzoor Hussain and Nazir Hussain for the murder of Mst. Shamim Akhtar. Niaz Ahmad the complainant (husband of Mst. Shamim Akhtar deceased) went out to water his fields. His wife (the deceased) was sleeping in the house alongwith children. At about 3-00 a.m. the complainant returned home only to hear hue and cry of his wife. He saw that Nazir Hussain and Manzoor Hussain, the respondents were armed with Chuuri and hatchet, respectively. They were giving blows to her with their weapons: After infliction of injuries, they ran away from the spot. The occurrence was witnessed by Ashfaq Ahmad (given up), Niaz Ahmad complainant (P.W.6) and Muhammad Hussain (P.W.5). Motive was that brother of Mst. Shamim Akhtar had abducted the wife of respondent Nazir Hussain about two years prior to the occurrence, Nazir Hussain had been demanding the return of his wife, Shamshad Bibi. A few days prior to the occurrence, Nazir Hussain and Manzoor Hussain, had threatened the complainant with dire consequences, in case, the above said woman was not returned to them. The prosecution, in order to prove its case, produced Faryad Ali P.W.1, Ghulam Muhammad P.W.2, Aurangzeb P.W.3, Hidayat Ali P.W.4, Muhammad Hussain P.W.5, Niaz Ahmad P.W.6, Dr. Iqbal Ahmad Javed P.W.7, Nasir Hussain P.W.8, Nazir Hussain P.W.9, Nazar Hussain P.W.10 and Muhammad Sajid P. W.11. The accused denied the allegations levelled against them in their statements under' section 342, Cr.P.C. An…

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